The Control of Asbestos Regulations 2012

Air monitoring U.K.

19.—(1) Subject to paragraph (2), every employer must monitor the exposure to asbestos of any employees employed by that employer by measurement of asbestos fibres present in the air—

(a) at regular intervals; and

(b) when a change occurs which may affect that exposure.

(2) Paragraph (1) does not apply where—

(a) the exposure of an employee is not liable to exceed the control limit; or

(b) the employer is able to demonstrate by another method of evaluation that the requirements of regulation 11(1) and (5) have been complied with.

(3) The employer must keep a suitable record of—

(a) monitoring carried out in accordance with paragraph (1); or

(b) where it is decided that monitoring is not required because paragraph (2)(b) applies, the reason for that decision.

(4) The record required by paragraph (3), or a suitable summary thereof, must be kept—

(a) in a case where exposure is such that a health record is required to be kept under regulation 22, for at least 40 years; or

(b) in any other case, for at least 5 years,

from the date of the last entry made in it.

(5) In relation to the record required by paragraph (3), the employer must—

(a) on reasonable notice being given, allow an employee access to the personal monitoring record for that employee;

(b) provide the [F1 appropriate authority] with copies of such monitoring records as the [F1 appropriate authority] may require; and

(c) if that employer ceases to trade, notify the Executive without delay in writing and make available to the Executive all monitoring records kept by that employer.

[F2 (6) In this regulation “the appropriate authority” means—

(a) in relation to any record which relates to employment wholly or mainly on relevant nuclear premises, the Office for Nuclear Regulation,

(b) otherwise, the Executive.]

Textual Amendments

F1 Words in reg. 19(5)(b) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 145(3)(a) (with Sch. 4)

F2 Reg. 19(6) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 145(3)(b) (with Sch. 4)